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Global Privacy/Data Protection Policy of Yesware, Inc.

Effective: April 1, 2011Last Revised: March 19, 2020

Welcome

This Privacy/Data Protection Policy (“Privacy Policy”) is designed to help you understand how Yesware, Inc. (“Yesware”, “we”, “our” or “us”) collects and uses the information, including personal data, that you share when you use www.swapitgreen.com and its associated domains (together, the “Site”), as well as the information, software or services made available to you through the Site (collectively, “Services”). Except where otherwise expressly indicated in this Privacy Policy or on the Site, this Privacy Policy applies only to information collected on the Site and through the Services. It also describes the choices available to you regarding our use of your Personal Data and how you can access and update this information.

EU-U.S. and Swiss-U.S. Privacy Shield Frameworks

Yesware complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union/EEA and Switzerland to the United States, respectively. Yesware has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Please note, the Federal Trade Commission has investigation and enforcement authority over our compliance with the Privacy Shield.

Before submitting information to the Site or Services, please review this Privacy Policy carefully. By using or accessing the Site or Services, and/or communicating with a Yesware agent via mail, email or telephone you are accepting the practices described in this Privacy Policy. You are responsible for submitting accurate information to the Site. If you prefer that we not collect your Personal Data, please do not provide it to us. When you submit your personal and other information on the Site, you hereby consent to the collection, use and disclosure of such information as set forth in the Privacy Policy.

Users Outside Of The United States

The Site is hosted in the United States and is governed by United States law. If you are outside the United States when you visit the Site or engage in communications with a Yesware agent via mail, e-mail or telephone, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. As you are contracting for the Services with Yesware, which is a US company, any information you provide to us, or that we collect through your use of the Services and that is necessary to provide you with the Services, will be stored, processed, and transferred within, or to, the United States. Please be aware that the US and jurisdictions other than the one in which you are located may have a lower standard of data protection laws compared to your own jurisdiction.

Information We Collect

We collect the information that you share with us, including:

1. Personal Data:

“Personal Data” as it is called in some countries, is information that can personally identify you. We maintain one or more databases in the United States to store your Personal Data and may retain it as reasonably required to fulfill the purposes identified herein. Personal Data that we collect depends on how you use the Site. For example, if you register to use or use any of the Services or if you wish to contact us, we may collect your name, email address, IP address, information about other software that you use and the email addresses that you provide to us. If you download and use the Site and/or Services through a mobile device, Yesware may collect information regarding the type of device you use, operating system version, the device identifier (or “UDID”), your IP addresses, and associated services from your mobile device.

2. General Information:

When you visit the Site, we may collect various categories of general non-personal information (“General Information”). General Information includes browser information, operating system information, and the date, time, length of stay and specific pages accessed during your visits to the Site. When possible, General Information may be linked to Personal Data. We do this to improve services we offer you, and for purposes of our analytics.

We also may collect limited information from the people with whom you interact by email when you use the Site and Services. This information may include the recipient’s name and email address, the number of times that the recipient opens your email, the recipient’s IP address and the computer platform that the recipient is using.

The Services use of information received, and the Services transfer of information to any third party or any other app, from Google APIs will adhere to Google’s Limited Use Requirements.

Limitations of Yesware’s Ability to Locate and Delete Personal Data

Yesware has limited to no ability to locate Personal Data in areas of the Services in which Personal Data is not typically used (shown below). In these cases, Yesware would be unable to locate Personal Data for deletion and can only delete whole emails, attachments, presentations and templates at your direction if you know where the Personal Data was disclosed. Therefore, please do not enter anyone else’s personal information or other Personal Data in these areas of the Services:

–? In the email subject line when using the Services.

–? In the email body when using templates or automated emails, such as mail merge or campaigns.

–? Anywhere in an attachment or file when using attachment tracking.

–? Anywhere in a presentation or file when using presentation tracking.

Cookies & Other Online Identification Tools

Please see our cookie policy below for information about how Yesware utilizes Cookies and other online identification tools.

Tracking

We do not ask for access or track any location-based information from your mobile device at any time while downloading or using our Services. We may occasionally send you push notifications through the Service’s mobile application to send you email and event notifications and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings. Providing your Personal Data to us is your choice. If you choose not to provide us with certain Personal Data you may not be able to take advantage of certain features of the Site and Services.

Behavioral Targeting / Re-Targeting

We partner with one or more third party ad networks to either display advertising on our Site or to manage our advertising on other sites. Our ad network partners use cookies and Web beacons to collect non-Personal Data about your activities on this and other Web sites to provide you targeted advertising based upon your interests. Where required, we will require you to opt-in to allow Yesware to use certain cookies and Web beacons. If you wish to change your election you may opt-out by clicking?here. Please note this does not prevent us from sending you online generic advertisements. You can also use your device settings, such as “Limit Ad Tracking,” to exercise choice regarding our collection and use of information for interest-based advertising from websites and mobile applications on your device. You can also limit our collection of precise location data through your device settings. For more information on your choices, including to opt out of receiving interest-based ads from many third parties, please go to:?http://optout.aboutads.info. For more information about opting out on mobile devices, please go to:?https://www.networkadvertising.org/mobile-choice.

Mobile Analytics

We use mobile analytics software to allow us to better understand the functionality of our Service’s mobile applications on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any Personal Data you submit within the mobile app.

Widgets

Our Web site may include Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

How We Use Personal Information

Except as specified in this Privacy Policy, Yesware does not rent, sell, trade or disclose your Personal Data to third parties without your informed prior consent.

Some specific examples of how Yesware may use your Personal Data are:

1.? ? to provide you with information about how you are using email;

2.? ?to customize, analyze, adjust and improve the Site and Services to better meet your needs;

3.? ?to facilitate communication between Yesware and you;

4.? ?if you are the member of a Yesware team (employee), to provide your team manager with information about the templates that you create and the data associated with your use of the Site, Services and your email account.

5.? ?if you provide us with information about other software and services that you use, we may use your Personal Data to try to synchronize your emails with such other software and services;

6.? ?to provide you with information that may interest you, such as our newsletters or emails about our products and services (this information contains a subscriber link allowing you to opt out);

7.? ?to provide you with marketing and promotional information about products and services we believe may interest you (this information contains a subscriber link allowing you to opt out);

8.? ?to administer a survey (if you consent to participate in the survey via a response email);

9.? ?in a customer testimonial posted on the Site;

10.? to enforce Yesware’s agreements with you;

11.? ?to provide you with important administrative information regarding the Site and Services, such as changes to this Privacy Policy, our Terms of Use and our other policies;

12.? And to prevent fraud and other prohibited or illegal activities.

Disclosure Of The Information That We Collect

Unless you have consented or as otherwise described in this Privacy Policy, we will not disclose your Personal Data except for:

1. Affiliates.

We may share your information with our Affiliates who perform services or functions for Yesware and who may use your information for purposes similar to the purposes for which Yesware collects such information. Yesware requires all such companies to comply with the terms of this Privacy Policy. For purposes of the foregoing an “Affiliate” means any corporation, partnership or other entity now existing or hereafter organized that directly or indirectly controls, is controlled by or under common control with Yesware;

2. Business Partners.

We may share your information with our business partners who may provide services that integrate with the Yesware Service. The sharing of this information would be predicated on your use of the integration. Yesware does not control our Business Partners’ use of the information and their use of the information would be in accordance with their own privacy policies. If you do not want your information shared with these business partners you can choose not to use the applicable integration.

3. Fulfillment of Services.

Yesware may retain other companies and individuals to perform functions consistent with our Privacy Policy on our behalf. Examples include customer support specialists, web hosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms, payment services firms and email service providers. Such third parties may be provided with access to Personal Data needed to perform their functions, but may not use such information for any other purpose;

4.Compliance with Law and Fraud Protection.

We may disclose any information, including, without limitation, Personal Data, we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law such as to comply with a subpoena, regulation, binding orders of a data protection agency, legal process or governmental request. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Yesware reserves the right to disclose your Personal Data if we believe you have or are violating our Terms of Use or in order to protect or defend Yesware’s rights or property, even without a subpoena, warrant or other court order;

5. Sale or Transfer of Information.

In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of Yesware or the Site, Personal Data and/or other information collected through the Site or the Services may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of Yesware, the Site and/or Services. In the unlikely event of an insolvency, bankruptcy or receivership, your information also may be transferred as a business asset. By using the Site and Services and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data; and

6. Frames.

Some of our pages utilize framing techniques to serve content to from our partners while preserving the look and feel of our Site. Please be aware that you are providing your Personal Data to these third parties and not to us directly

Notwithstanding the foregoing, in cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US Privacy Shield and Swiss-U.S. Privacy Shield, Yesware is potentially liable.

The Site and/or Services may allow you to connect with other websites, products, or services that we do not control. If you visit or use such services, we recommend that you review and understand their privacy practices before sharing your information with those services.

Yesware does not store, process or transmit any of your credit card data but relies entirely on third parties to handle these functions. You must comply with such third party’s terms made available to you.

Controlling Your Personal Information

If you tell us that you do not want us to use your Personal Data to contact you, Yesware will comply with the applicable law. In certain cases Yesware will only contact you if instructed to do so. In either case, you may instruct Yesware to stop sending you emails, newsletters, or other information by clicking here. Yesware may, however, continue to use your Personal Data to contact you to service your account in conjunction with your use of the Yesware Service. In such cases we will stop doing so upon request to help.yesware.com, which will also require you to uninstall and discontinue use of the Yesware Service. Please note that if you use more than one name or e-mail address when communicating with Yesware or using the Site, you may continue to receive communications from Yesware to any name and/or email address not specified in your opt-out request. We will also provide an individual opt-out or opt-in choice before we share your data with third parties other than (as specified in this Privacy Policy), or before we use it for a purpose other than (as specified in this Privacy Policy). To limit the use and disclosure of your Personal Data, please submit a written request to help.yesware.com.

Withdrawal of Consent

Where you have provided your consent to us for use of your personal data or for other processing of your personal data, you can withdraw your consent at any time by submitting a request at help.yesware.com. Please see our cookies section for information about withdrawing your consent for cookies. We process your personal data for marketing purposes with your consent and, at any time after providing consent, you have the right to object to our processing of data about you in order to send you promotions, special offers and marketing, and we will stop processing the data for that purpose.

Access Requests

Under applicable law, certain individuals have access to the Personal Data about them that Yesware holds and are able to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Privacy Principles. If you would like to modify or delete your Personal Data, please submit a request at help.yesware.com with clear instructions about what you would like modified or deleted. We will respond to your request within 30 days after a complete request is received.

We will retain your information for as long as your account is active or as needed to provide you Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Collection and Use of 3rd Party Personal Information

You may also provide Personal Data about other people, such as their email address. This information is only used for the sole purpose of completing your request or for whatever reason it may have been provided.

Customer Testimonials

We post customer testimonials on our web site which may contain Personal Data. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your Personal Data from Testimonials please contact us by submitting a request at?help.yesware.com.

Blog / Forum

Our Site offers publicly accessible blogs or community forums. Our blog is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the Personal Data that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy.

Single Sign-On

You can log in to our Site using sign-in services such as Google’s OAuth and Microsoft 365 OAuth. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form or create your account.

Security

Yesware has implemented technical, administrative and physical security measures to protect your information from unauthorized access and use as described in our?Yesware Security Overview. While Yesware strives to protect your information, no data transmission over the Internet is 100% secure and, consequently, we cannot ensure the security of any information. When you enter any information (including a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). If you have any questions about security on our Web site, you can contact us by submitting a request at?help.yesware.com.

Our Site Is Not For Use By Minors

We do not knowingly collect information from minors (individuals below 18 years). To use the Site and Services, you must be the age of legal majority in your place of residence. By using the Site and Services, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of the Site and Services. All information provided to Yesware will be treated as if it was provided by an adult. If, however, we learn that a minor has submitted information about himself/herself to us, we delete the information as soon as possible.

Third Party Links

We may provide links to third-party web sites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.

Modifications

We may occasionally update this Privacy Policy to reflect changes in our practices. When we post modifications to this Privacy Policy, we will revise the “Last Revised” date at the top of this web page. The modified Privacy Policy will be effective immediately upon posting on the Site. Your continued use of the Site or Services after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective and we will update the effective date accordingly. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the Site and Services.

California Residents

Yesware does not, at this time, disclose Personal Data to third parties for their direct marketing purposes. If Yesware changes this policy, we will update this provision and provide instructions on how you may make a request for details concerning such information.? Please direct any inquiry related to our information sharing to help.yesware.com or send it via mail to our corporate address below.? For more information on how we process Personal Data under the new California Consumer Privacy Act (“CCPA”) and about your rights under the CCPA, please visit our separate CCPA policy at http://www.swapitgreen.com/ccpa/.

Users and Customers from the EU/EEA

All EU-based individuals, irrespective of their nationality, have certain individual rights under the GDPR, such as:

1. The right to be informed about the collection and use of their personal data.

2. The right of access to find out that is stored about them.

3. The right to rectification of their personal data if it is inaccurate or incomplete.

4. The right to erasureto enable an individual to request the deletion or removal of personal data where there is no compelling reason for its continued processing.

5. The right to restrict processing to ‘block’ or suppress processing of personal data.

6. The right to data portability allowing individuals to obtain and reuse their personal data for their own purposes across different services.

7. The right to object to the processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling), direct marketing and/or for purposes of scientific/historical research and statistics.

8.?Various rights in relation to automated decision making (making a decision solely by automated means without any human involvement) and profiling (automated processing of personal data to evaluate certain things about an individual).

Yesware will abide by the GDPR and provide an adequate level of data protection for personal data received from the EU/EEA and processed, according the privacy protection set forth in this privacy policy. If you would like to exercise these rights, please submit a request at help.yesware.com.

Severability

The invalidity or unenforceability of any provisions of this Privacy Policy in any country shall not affect the validity or enforceability of any other provision of this Privacy Policy, which shall remain in full force and effect.

Questions About our Privacy Policy

In compliance with the EU-US and Swiss-US Privacy Shield Principles, Yesware commits to resolve complaints about your privacy and our collection or use of your Personal Data. Individuals with inquiries or complaints regarding this privacy policy should first contact Yesware by submitting a request at help.yesware.com.

Complaints

In the event that you wish to make a complaint about how we process your Personal Data, please contact us and we will endeavor to deal with your request. This is without prejudice to your right to raise a complaint with the data protection supervisory authority in the EU member state in which you live or work where you think we have infringed data protection laws.

Independent Recourse Mechanism under the Privacy Shield

Yesware has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus at no cost to the individual. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit?http://www.bbb.org/EU-privacy-shield/for-eu-consumers?for more information and to file a complaint.

If your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

Cookie Policy of Yesware Inc.

Cookies & Other Online Identification Tools

Yesware, Inc. (“us,” “we,” or “our”) uses cookies and web beacons on our Website (the “Service”). By using the Service, you consent to the use of cookies.

This Cookies Policy contains information on what ‘cookies’ are, the types of cookies and beacons Yesware uses on its website and within its application, how to change your browser’s cookie policy and where to get more information about cookies. If you have further questions that this page doesn’t answer, please submit a request at help.yesware.com.

What’s A Cookie?

A “cookie” is a small file or tool sent from a website to your web browser and stored on your computer. A “session cookie” is comprised of temporary bits of information that are erased once you exit your web browser or turn off your computer. A “persistent cookie” is comprised of more permanent bits of information that are placed on the hard drive of your computer and stay there until you delete the cookie. A persistent cookie enables a website to recognize you when you return.

How Yesware Uses Cookies

Yesware uses various types of session and persistent cookies to help you access and navigate the Site more efficiently, to customize your experience of the Site and Services, to store certain information that you previously provided (such as username and password), to authenticate users and to statistically monitor how many users are using the Site and Services. Such cookies are not “strictly necessary” for the Site and Services and collect Personal Data. If you have concerns about our use of Cookies, we suggest that you set your browser to notify you when a cookie is placed or decline the receipt of cookies; however, certain features of the Site and Services will not function properly or be available if your browser is configured to disable cookies. You can read more about the cookies Yesware uses and manage your cookie preferences, including the ability to opt-out of non-essential cookies, at?http://www.swapitgreen.com/cookies.

Yesware also may use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize your experience of the Site and Services. Web beacons usually are not visible to you and are delivered by a web browser as part of a web page request or in an email. Web beacons collect General Information, such as the number and time of interactions with an email containing a web beacon, the type of browser used and IP address. Web beacons may be used alone or in conjunction with cookies; when web beacons are used with cookies, they may link General Information to Personal Data.

The use of cookies by our partners is not covered by our privacy policy. We do not have access or control over these cookies. Our partners use session ID cookies to provide us with information about how you use our service.

Google Analytics

Please note that we use Google Analytics cookies for data analytics purposes, and you can find more information on how Google uses data from these cookies at google.com/policies/privacy/partners. You can visit www.youronlinechoices.eu to opt-out of cookies relating to behavioral advertising. If you delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice. A flash cookie remains after you close your browser and will be accessed every time you use our platform. You should visit Google’s website at?https://tools.google.com/dlpage/gaoptout/?to learn more about flash cookies and modify those settings. Please note that if you delete or choose not to accept cookies from us, you will lose some functionality of the Service. To clear all other cookies please go to the settings in your browser.

Turning Cookies On/Off In Your Browse

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Where can your find more information about cookies

You can learn more about cookies and the following third-party websites: